District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0152 Latest Draft

Bill / Enrolled Version Filed 12/17/2024

                              	ENROLLED ORIGINAL 
 
 
 
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AN ACT 
 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 
 
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To establish a Commission on Reparations to study and develop reparation proposals for eligible 
African Americans and a Reparations Foundation Fund to be used for the future payment 
of reparations; and to amend the Department of Insurance and Securities Regulation 
Establishment Act of 1996 to require the Commissioner of the Department of Insurance, 
Securities, and Banking to establish a slavery era database of insurance records and 
financial records.  
 
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 
act may be cited as the “Insurance Database Amendment Act of 2024”. 
 
TITLE I. COMMISSION ON REPARATIONS. 
 Sec. 101. Commission on Reparations; establishment and purpose. 
(a) There is established a Commission on Reparations (“Commission”).   
(b) The Commission shall: 
 (1) With a focus on African Americans and matters in the District of Columbia 
and the role of District government (in all its forms), study and analyze the	:  
 (A) Institution of slavery;     
 (B) Transatlantic and domestic slave trade that existed in what is now the 
United States between the period of 1619 to 1865; 
  (C) Federal and state governments support, constitutionally and statutorily, 
of the institution of slavery;  
 (D) Lawful and de facto discrimination against enslaved people and other 
free African American people and their descendants from the end of the Civil War to the present, 
including economic, political, educational, and social discrimination, and structural and 
institutional racism; 
 (E) Direct benefits received by societal institutions, public and private, 
including higher education, corporate, religious, and associations as a result of the institution of 
slavery and its ongoing repercussions	; 
 (F) Takings of property, generally, through civil asset forfeiture , the 
seizure of land acquired through eminent domain, and other unjust land seizures broadening the    	ENROLLED ORIGINAL 
 
 
 
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wealth gap, and, specifically, such takings by the District government or federal government 
between 1865 and 1973, 	including in the areas around Broad Branch Road, Chevy Chase, and 
Fort Reno, and in the southwest quadrant; which study may include soliciting public feedback 
from individuals who claim knowledge of property, familial or otherwise, that was taken by the 
District government or federal government; 
  (G) Compounding effect of the racial wealth gap over time and the impact 
of the racial wealth gap on areas such as health outcomes and public safety; and 
  (H) Ongoing negative effects of the institution of slavery on African 
Americans living today and society at large in the United States today, including in such areas as 
the de facto segregation of the African American population, the criminal legal system, mass 
incarceration, prison conditions, police brutality, and education, displacement from the District, 
and other areas of continuing structural and institutional racism. 
 (2) Based on the Commission’s study and analysis of the matters described in 
paragraph (1) of this subsection and as further authorized by this title, develop a proposal to 
provide eligible African Americans monetary reparations or other forms of redress. 
 (3) The Commission shall be guided, but not restricted, by the 5 conditions for 
full reparations as detailed in principles 19 to 23 of the United Nations’s General Assembly 
Resolution 60/147, including restitution, compensation, rehabilitation, satisfaction, and 
guarantees of non- repetition.  
 
Sec. 102.  Duties and responsibilities. 
(a) The Commission shall:  
 (1) Study and explore the creation of a new government agency, such as	, for 
example, an African American People’s Bureau, to implement any or all of the reparations 
proposals;  
 (2) Make recommendations regarding the sources, 	distribution method, and 
schedule of distribution to eligible African American	s of the funds in the Reparations Fund 
established by section 201, including recommending a method to exempt the recipients of funds 
from having to contribute to the sources of the Reparations Fund and from 	having any funds 
received from the Reparations Fund taxed, included in a recipient’s taxable 	income, or in any 
manner negatively affecting any public assistance that a recipient may be receiving or may have 
received. 
 (3) Compile and synthesize evidentiary documentation and testimonies of lived 
experiences (“documentation”) relating to the institution of slavery and its after effects in the 
United States during the period 1619 to 1865 up to the present, with a focus on the District of 
Columbia and former residents of the District, including, to the extent possible, documentation 
related to: 
 (A) The capture and procurement of Africans; 
 (B) The forced removal and treatment of Africans from Africa and the 
African diaspora to what became the United States for the purpose of enslavement;    	ENROLLED ORIGINAL 
 
 
 
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 (C) The sale and acquisition of Africans as chattel property in interstate 
and intrastate commerce; 
 (D) The treatment of enslaved human beings, including the deprivation of 
their freedom, exploitation of their labor, and attempted destruction of their culture, language, 
religion, and families; 
 (E) The extensive denial of humanity and reproductive autonomy, rape 
and sexual abuse, forced breeding, and chattelization of persons for financial gain; 
 (F) The federal and state laws that restricted the movement, land 
ownership, liberty, and humanity of African Americans, including Black codes, vagrancy acts, 
eminent domain, the war on drugs, mass incarceration, police brutality, prison conditions, and 
other forms of disenfranchisement;  
 (G) The federal and state laws and programs that discriminated against 
African Americans from 1619 to the present, including the District of Columbia Compensated 
Emancipation Act of 1862; 
 (H) The other forms of discrimination in the public and private sectors 
against African Americans from 1862 to the present, including redlining and unjust land 
seizures, educational funding discrepancies, health disparities, and predatory financial practices; 
 (I) The ongoing negative effects of the institution of slavery on living 
African Americans; and 
 (J) The lived experiences of African Americans in the District, including 
the spoken narratives of enslaved peoples, oral histories, and spoken testimonies. 
 (4) In partnership with community-	based organizations with a demonstrated 
interest in reparations, recommend ways to educate the public of the Commission’s findings. 
(b) In addition to the Commission’s findings in subsection (a) of this section, the 
Commission shall detail in the report required by section 103: 
 (1) The criteria it determines should define an eligible African American entitled 
to monetary reparations or other forms of redress from the District government; 
 (2) How its recommendations comport with international standards, as set forth 
in various relevant international protocols, laws, and findings, for reparations or other measures 
to make amends for the wrongs and injuries caused by the institution of slavery and its aftermath	; 
 (3) In what manner the District government can offer a formal apology for its role 
in the harms perpetuated on African Americans due to slavery and its aftermath; 
 (4) How District laws and policies that may continue to disproportionately and 
negatively affect African Americans and perpetuate the lingering material and psychosocial 
effects of slavery can be eliminated; 
 (5) How the resultant injuries can be repaired, including how to provide policies, 
programs, projects, and recommendations to effect that repair; 
 (6) How the amount of compensation due to eligible African Americans should be 
calculated;    	ENROLLED ORIGINAL 
 
 
 
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 (7) In addition to monetary compensation, if and in what form other redress 
should be provided to eligible African Americans and through what instrumentalities; and 
 (8) The development and implementation of any programs for 	African Americans 
that may be warranted and the suggested form and scope of those programs, if any. 
 
Sec. 103.  Reporting requirement. 
(a)(1) The Commission shall submit a written report of its findings and 
recommendations, which may be accompanied by 	draft legislation or a list of specific steps for 
implementing its recommendations, to the Mayor and Council no later than 18 months after the 
date of the first meeting of the Commission held 	pursuant to section 106(	a).  
(2) The Commission shall submit a written interim update of its progress to the 
Mayor and Council no later than 270 days after the date of the first meeting of the Commission.  
(b) Following submission of the report, as required by subsection (a)(1) of this section, 
the Commission shall convene a public forum to announce its findings and recommendations.  
  (c) All recommendations and reports, including updates, prepared and submitted to the 
Mayor and Council by the Commission shall be made a matter of public record.  
 
 Sec. 104. Composition. 
(a)(1) The Commission shall consist of 12 members; 9 voting members appointed by the 
Chairperson of the Counci	l and 3 ex- officio members.  
(2) The 9 voting members shall include: 
 (A) Two appointees from organizations with a demonstrated commitment 
to reparations and preventing and repairing harms caused by racial injustice; 
 (B) Two appointees from the field of academia who have expertise in at 
least 2 of the following 3 areas	: civil rights, history, or constitutional law; 
 (C) Two appointees that either currently reside in the District who have 
been District residents for at least 20 years or who do not currently reside in the District but 
formerly did so and for at least 20 years;  
 (D) One appointee who has expertise in community development and 
social justice in the District; and 
 (E) One appointee from a faith-	based organization. 
 (3)(A) Members shall be drawn from diverse backgrounds to represent the 
interests of African American communities throughout the District, have experience seeking and 
implementing racial justice reform, and, to the extent possible, represent geographically diverse 
areas of the District.  
  (B) The Chairperson of the Council may give special consideration to 
long-time District residents who, in his or her determination, have been most harmed by the 
injury set forth in this title. 
(b) The 3 non- voting ex officio members, who may attend and participate in meetings, 
shall be the:     	ENROLLED ORIGINAL 
 
 
 
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  (1) Commissioner of the Department of Insurance, Securities, and 
Banking or the Commissioner’s designee;  
 (2) District’s State Archivist or the Archivist’s designee; and 
  (3) Director of the District of Columbia Office of Human Rights or the 
Director’s designee. 
 (c)(1) The term of office for members shall be for the life of the Commission.  
  (2) The Chairperson of the Council shall appoint the Commission members no 
later than 60 days after the effective date of this title.  
  (3) A vacancy in the voting members on the Commission shall not affect the 
powers of the Commission . A vacancy shall be filled in the same manner that the original 
appointment was made. 
 
 Sec. 105. Organization; compensation; authority. 
 (a) The voting members of the Commission shall elect a chair from among its voting 
members; except, that the chair may not be a member of the Council. The Chair of the 
Commission, or a voting member that the Chair designates as Vice	-Chair in his or her absence, 
shall convene all meetings of the Commission. Voting by proxy shall not be permitted.  
 (b)(1) The voting members of the Commission	, by a majority vote, shall hire an 
Executive Director who shall perform the duties required for the day-	to-day functioning of the 
Commission as considered necessary by the members, including appointment of staff, selection 
of consultants, and the administration of meetings and report production. The Executive Director 
shall serve for the life of the Commission. A vacancy shall be filled in the same manner that the 
original selection was made. 
 (2) The Executive Director shall receive an annual salary consistent with the 
District of Columbia Government Salary Schedule for Excepted Service (ES) employees, at the 
midpoint of Grade 10, plus fringe benefits.  
 (c)(1) Each voting member of the Commission shall be entitled to a stipend of $10,000 
per year for their service on the Commission; except that, a member of the Council shall not 
receive a stipend. 
  (2) Voting m embers of the Commission shall be entitled to per diem 
compensation and reimbursement of expenses for up to 18 meetings of the Commission, not to 
exceed $2,500 per member. 
 (d)(1) The Commission’s operations may be funded by annual appropriations or private 
sector assistance, or both.  
 (2)(A) If a special fund is established by the Commission for the receipt of 
operating donations from non-	government sources, the fund shall be administered in accordance 
with established funding and auditing procedures of the District government. The expenditure of 
donations shall not be subject to appropriation.  
  (B) The Commission shall keep a record, available to the public for 
inspection, of all donations, assistance, and any substantial non-	government in- kind    	ENROLLED ORIGINAL 
 
 
 
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contributions received. The record shall include the full name, address, and occupation or type of 
business of each donor.  
  (C) For purpose of this subsection, the term “s	ubstantial non- government 
in-kind contributions” includes any service reasonably valued at more than $5,000 that is 
received from any source other than the District or federal government. 
(e)(1) The Commission shall have the authority to: 
 (A) Hold hearings, roundtables, and sit and act at any time and location in 
the District and to use space and supplies owned or rented by the District government; 
 (B) Request the attendance and testimony of witnesses; 
 (C) Request the production of books, records, correspondence, 
memoranda, papers, and documents; 
 (D) Seek an order from a Superior Court of the District of Columbia 
compelling testimony or compliance with a subpoena; and 
 (E) Create and operate under its own rules of procedure, consistent with 
this title. 
  (2) Any member of the Commission may, if authorized by the C	hair or Vice-
Chair of the Commission , take any action that the Commission is authorized to take pursuant to 
this title. 
  (3) The Commission may acquire directly from the head of any executive agency 
available information that the Commission considers useful in the discharge of its duties.  
 (4) All E xecutive agencies shall cooperate with the Commission with respect to 
such information and shall furnish all information requested by the Commission to the extent 
permitted by law.  
 (5) The Commission shall keep confidential information received from a n 
executive agency that is confidential, as required by law. 
 (f) The Commission may: 
 (1) Hire and fix the compensation of such personnel as the Commission considers 
appropriate, such as an attorney, researcher, economist, historian, genealogist, constitutional law 
scholar, data scientist, facilitator, forensic accountant, or mental health professional;  
 (2) Employ administrative, technical, and legal assistance;  
 (3) Procure supplies, services, and property by contract in accordance with 
applicable laws and rules; and 
  (4) Enter into contracts for the purposes of conducting research or surveys, 
preparing reports, developing a communications strategy for the release of the report, and 
performing other activities necessary for the discharge of the duties of the Commission with 
executive agencies, instrumentalities of the District, federal departments, agencies, other 
instrumentalities, and private entities. 
 
 Sec. 106. Meetings ; quorum; sunset. 
 (a) The first meeting of the Commission shall occur no later than June 1, 2025.    	ENROLLED ORIGINAL 
 
 
 
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 (b) At least 3 meetings shall be devoted to the issue of eligibility for reparations. 
 (c)(1) The Commission shall consider holding a certain number of meetings during 
publicly accessible times , such as during weekends and in evenings.  
  (2)  Members shall remain in partnership throughout the life of the Commission 
with an organized coalition comprised of impacted African Americans and cross-sector leaders 
who have a demonstrated interest in r	eparations in the District of Columbia and who are based in 
the District of Columbia m	etropolitan a rea. 
 (d) Five members of the Commission shall constitute a quorum. 
 (e) The Commission shall sunset after December 31, 202	7, or after the report required by 
section 103(a)(1) has been submitted; except	, that nothing shall prohibit the Council from 
soliciting the assistance of former members of the Commission or the Executive Director during 
its review of the Commission’s report or following the sunset. Following the sunset, the 
Commission members or Executive Director shall be entitled to per diem compensation and 
reimbursement of expenses for this assistance.  
 
 Sec. 107. Reparations; payments and other forms of redress . 
Any monetary reparations or other forms of redress provided by the District pursuant to 
this title shall be in addition to and not in lieu of any reparations provided at the federal level. 
 
TITLE II. REPARATIONS FUND.    
Sec. 201. Establishment of Reparations Fund.  
(a) There is established as a special fund, the Reparations Fund, which shall be 
administered by the Chief Financial Officer of the District of Columbia in accordance with 
subsections (c) and (d) of this section. 
(b) The following funds shall be deposited into the Reparations Fund:  
 (1) Funds appropriated by the District; 
 (2) Gifts made to the Reparations Fund; 
 (3) Grants made to the Reparations Fund; and  
 (4) Public and private donations made to the Reparations Fund. 
(c) The money in the Reparations Fund shall be used for the payment of reparations 
under the reparations program adopted by the District pursuant to the findings and 
recommendations of the Commission on Reparations established by Title I	. 
(d) (1) The money deposited into the Reparations Fund but not expended in a fiscal year 
shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at 
the end of a fiscal year, or at any other time. 
 (2) Subject to authorization in an approved budget and financial plan, 	any funds 
appropriated in the Reparations Fund shall be continually available without regard to fiscal year 
limitation.  
 
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TITLE III. SLAVERY ERA DATABASE ESTABLISHED. 
Sec. 301.  The Department of Insurance and Securities Regulation Establishment Act of 
1996, effective May 21, 1997 (D.C. Law 11-	268; D.C. Official Code § 31-	101 et seq.), is 
amended by adding a new section 5a to read as follows: 
“Sec. 5a.  Slave ry era database. 
“(a) Within one year of the effective date of the Commission on Reparations 
Establishment Amendment Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled 
version of Bill 25- 152) (“Reparations Act”), the Commissioner shall have established, and 
continue to maintain through the digital repository of the District of Columbia Office of Public 
Records Management, Archival Administration, and Library of Governmental Information, a 
publicly available online slavery era database that includes all records made available to the 
Department pursuant to subsections (b) and (c) of this section.   
“(b) The Commissioner shall request and obtain information from states or insurers 
licensed and doing business in the District of Columbia (“insurer”) regarding any records of 
enslaver insurance policies issued by the insurer or any predecessor insurer during the slavery 
era, including insurance policies that provided coverage for injury to, or death of, enslaved 
people (“insurance records”). 
 “(1) The Commissioner may obtain t	his information from other states that have 
conducted similar data calls; except, that the Commissioner shall request an update from the 
insurers that reported insurance records to those states on any new records identified since the 
initial data calls of those states.  
 “(2) The Commissioner may request this information from insurers in existence 
prior to 1865 or insurers with predecessor insurers in existence prior to 1865 that have not 
submitted records to other states that have conducted similar data calls. 
 “(3) The Commissioner shall disclose the names of all enslaved persons and 
enslavers described in the insurance records in the slavery era database. 
“(c)(1) The Commissioner shall request information from banks licensed or doing 
business in the District of Columbia regarding any records of participation in the slavery era by 
the bank or any predecessor institution (“financial records”)	, including financial records of	:  
 “(A) Lending capital for the purchase of enslaved persons; 
 “(B) Accepting enslaved persons as collateral for loans;  
 “(C) Taking ownership of enslaved persons in events of default on said 
loans;  
 “(D) Financing or otherwise supporting the abolition of slavery or the 
passage of enslaved persons to free states or territory; and 
 “(E) Other investments and profits from slavery.  
 “(2) The Commissioner shall disclose the names of all enslaved persons and 
enslavers and the transactions and profits described in the financial records in the slavery era 
database.
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“(d)(1) Upon the publication of the slavery era database, t	he Commissioner shall issue a 
report on the information provided to the Commissioner pursuant to subsections (b) and (c) of 
this section and submit the report to the Mayor and Council. 
 “(2) The report required under this subsection shall include a summary of 
insurance records and financial records obtained 	and a copy of each document provided to the 
Commissioner. 
 “(3) The report shall be made publicly available online and a hard copy of the 
report shall be maintained at the Thurgood Marshall Civil Rights Center at Howard University 
School of Law and the District of Columbia Archives.  
“(e) Upon request of the Commission on Reparations, established by Title I of the 
Reparations Act, the Commissioner shall make the insurance records and financial records 
available, to the extent they are available, to the Commission on Reparations to aid it in its study 
of reparations proposals prior to public release. 
“(f) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-	501 et seq.), may issue 
rules to carry out the provisions of this section. 
“(g) For the purposes of this section, the term	: 
 “(1) “Bank” means any insured bank as defined in 12 U.S.C. § 	1813(h), or any 
institution eligible to become an insured bank as defined therein, which accepts demand deposits 
and makes commercial loans. 
 “(2) “Enslaved person” means an individual:  
 “(A) Who had no freedom of action;  
 “(B) Whose person and services were wholly under the control of another;  
 “(C) Who was in a state of enforced compulsory service to another; and  
 “(D) Who could not legally leave enforced compulsory service to another 
on the individual’s own initiative during the individual’s lifetime before the end of the slavery 
era.”. 
 “(3) “Enslaver” means: 
 “(A) An owner of an enslaved person; 
 “(B) An owner of a commercial enterprise that used the services of an 
enslaved person; 
 “(C) An owner of a vessel or other means of transporting enslaved 
persons; or  
 “(D) A person dealing in the purchase, sale, or financing of the business of 
enslaved persons and slavery. 
 “(4) “Enslaver insurance policies” means a policy issued to or for the benefit of an 
enslaver to insure the enslaver against injury or the death of an enslaved person.  
 “(5) “Slavery era ” means the period prior to 1865.	”.  
 
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TITLE IV. GENERAL PROVISIONS.  
Sec. 401. Fiscal impact statement	.  
The Council adopts the fiscal impact statement in the committee report as the fiscal 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-	301.47a). 
 
Sec. 402. Effective date.  
This act shall take effect following approval by the Mayor (or in the event of veto by the 
Mayor, action by the Council to override the veto) and a 30-day period of congressional review 
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-	206.02(c)(1)). 
 
 
 
 
 
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Chairman 
Council of the District of Columbia 
 
 
 
 
 
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Mayor 
District of Columbia